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By Jerome Starkey in Kabul
Thursday, 12 March 2009
Sayed Pervez Kambaksh, the student journalist sentenced to death for blasphemy in Afghanistan, has been told he will spend the next 20 years in jail after the country's highest court ruled against him ? without even hearing his defence.
The 23-year-old, brought to worldwide attention after an Independent campaign, was praying that Afghanistan's top judges would quash his conviction for lack of evidence, or because he was tried in secret and convicted without a defence lawyer. Instead, almost 18 months after he was arrested for allegedly circulating an article about women's rights, any hope of justice and due process evaporated amid gross irregularities, allegations of corruption and coercion at the Supreme Court. Justices issued their decision in secret, without letting Mr Kambaksh's lawyer submit so much as a word in his defence.
Afzal Nooristani, the legal campaigner representing Mr Kambaksh, accused the judges of behaving "no better than the Taliban". Hundreds of millions of dollars have been poured into Afghanistan's legal system and 149 British soldiers have died there since 2001, but experts admit that state justice is still beyond the reach of most ordinary Afghans.
President Hamid Karzai promised last year that justice would be done "in the right way", after worldwide protests at how Mr Kambaksh was convicted. But Mr Nooristani claimed yesterday that there was "no respect for the law", even in the highest court in Afghanistan. "They have ignored the principle of crime and punishment, they have ignored the principle of innocent until proven guilty. They have got the same mindset as the Taliban."
The Supreme Court's decision means Mr Kambaksh's best hope is now a presidential pardon, which will force Mr Karzai to choose between fundamentalists in his government and the rule of law. It has also raised serious questions over the millions of dollars spent on Afghan justice reforms since 2001, which appear to have been wasted. Mr Nooristani said: "The whole system is corrupt. Even with more investment, the system won't work."
http://www.independent.co.uk/news/world/asia/student-facing-twenty-years-in-hell-1643069.html
Democracy in action.